Is There Anything I can do After My Patent is Rejected?


One of the highlights of the U.S. patent system is that patent applications can be continued and even changed during the examination through multiple iterations. Let’s say you receive a rejection of your application from the patent office, or even a final rejection. There is nothing final about this rejection. You have several options, which include a request for continued examination, a continuation, a divisional, or a continuation in part. Now what is the difference? A continuation and a divisional are just about the same. The original specification, with or without changes to the claims, is once more presented for examination. In a CIP, a continuation in part, you add subject matter to the specification. For example, additional drawings, additional embodiments, new features. The CIP will now have two different filing dates. The original filing date for the materials that were already in the original application and the new filing date for the materials that were added. If you have more questions, we suggest consulting with an experienced intellectual property attorney.